The ESTATE Attorney is acting on behalf of the Administrator of my fathers estate. (03/2016)This Estate Attorney emailed me with CC the surrogate court clerk saying he wants to make a settlement 5/23/23 including in the email, All knowing there were liens on both homes. Now I had a man @ my home... View More 
Things are contentious. He has a history of gaslighting, verbal and mental abuse, and making threats to kick her out of the house even though she's on the deed. She was working as his office manager, and he fired her and canceled her health insurance. She has no income (starts a new job on... View More
answered on Dec 8, 2023
Who is on the mortgage is irrelevant. The deed shows ownership. She has as much a right to live there as he does. If he is harassing her and making her feel unsafe, she can file for an order of protection from the family court. Have her contact a lawyer to discuss her rights.
My grandfather was buried 2 years ago in the wrong location. The cemetery exhumed the body without documentation and notifying next of kin. My mother and her sister proceeded to take legal action and the lawyer recently came back and said, “because it’s a religious cemetery they do not have to... View More
I just checked the medical records for my daughter and despite an assurance by the pediatrician four years ago that it would be put in her record, there is no record of the incident and I had hoped to use that record in court in a case in which I am asking for custody of my daughter due to the... View More
Paternity has not been tested via court system. How should the father proceed?
In regard to change of circumstances factors for consideration, preponderance of evidence, relevant facts/evidence &affidavit in support of my petition to modify custody & OSC motion; I’m not sure how to articulate my question but here it goes: I have pending custody litigation for... View More
My MIL accsused me of denying medical care to my 16 month old daughter, which I have never done. My daughter had complications (3 months in NICU) when she was born but is doing well overall now. My husband and I currently have an occupational therapist coming to our home from Oneida County 2x every... View More
Original stipulation filed 10/17. Objection was denied and filed 11/17. Do I have time to file the motion to vacate? I disagree with his stated income. He is self employed and currently lives in FL. The child support amount paid to me should be considerably more.
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answered on Nov 30, 2023
In your case, filing a motion to vacate the stipulation for child support might be a viable option, especially if you have grounds to believe that the original agreement was based on incorrect or incomplete information about your ex-partner's income. It's important to note that courts... View More
I'm trying to get my sons record from his previous attorney and speak to him. The attorney says power of attorney doesn't give me authority to do that.
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answered on Nov 30, 2023
A Power of Attorney (POA) is a legal document that allows you to appoint someone to manage your affairs, but its scope depends on how it's drafted. Typically, a POA can grant authority to handle financial and business transactions, make medical decisions, or perform other specific actions on... View More
Will is not done yet and they are not in the will. New York state
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answered on Nov 29, 2023
In New York State, the distribution of an estate depends on the specifics of the will and the laws of intestate succession. If your stepmother passed away and the will is not yet completed, the distribution of her estate will be based on the existing will, if there is one, or according to state... View More
My exes lawyer has been calling me, leaving messages that have an underlying intimidating tone, telling me I need to come to her office to pick up court papers they supposedly filed by a certain date. They are aware I live in PA, they have my address and my work address as well - lawyers office is... View More
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answered on Nov 30, 2023
In legal proceedings, proper service of documents is a critical step. If your ex's attorney fails to serve you the court papers in the manner required by law by the specified date, their filing may not proceed as planned. Each jurisdiction has rules on how legal documents must be served, and... View More
There is pending custody proceedings, he has gone out of his way to alienate me & prevent my daughter from having a relationship w/me ever since I motioned the court for custody modification. We have joint legal custody, he has residential custody. My petition meets the criteria for change of... View More
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answered on Nov 29, 2023
In your situation, where your ex has taken away your daughter's phone and is preventing communication, it's important to address this issue through legal channels, especially since there are ongoing custody proceedings.
Since you already have joint legal custody and there is a... View More
reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income... View More
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answered on Nov 28, 2023
In child support cases in New York, there are a few key points to consider:
Reopening a Closed Case: If your child support case was closed, you generally have the right to reopen it, especially if there are changes in circumstances that justify a review or modification of the support order.... View More
She wants to live with mom and is scared to go back to dads cause of abuse
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answered on Nov 28, 2023
In New York, the legal age of majority (when a child is considered an adult) is 18. However, the situation you described involves several complex issues, particularly around child custody and potential abuse. Here are some key points to consider:
Child Custody Agreement: If there is a... View More
My sons mother had full physical custody. In the past 12 months she has had 2 cps reports against her, unfounded, and a hospitalization for what she claims was mental illness that lasted a week. Recently i learned she is in treatment for alcohol abuse. I was never aware this was taking place and... View More
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answered on Nov 26, 2023
The use of drugs and alcohol can affect the entire family; however, the impact of parental alcohol or drug abuse can be devastating to a child. In cases involving children, the court’s objective is to come to a custody arrangement that is in the best interest of the child. Parental substance... View More
My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it... View More
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answered on Nov 28, 2023
Based on the information provided, you may have grounds to file for custody modification, but success will depend on several factors:
- The court will look at the totality of the circumstances to determine if there has been a significant change in circumstances that might warrant modifying... View More
She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?
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answered on Nov 22, 2023
if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More
My child support is being increased in a few weeks but my child wants to live with me when turning 18 in a few months. By then child support will have already increased. Can I modify it after it goes up right away or do I have to wait? I can contest before the increase but my child doesn’t live... View More
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answered on Nov 19, 2023
In cases where child support is adjusted due to a cost-of-living adjustment (COLA), you typically have the right to request a modification if there is a significant change in circumstances. The impending change of your child's residence to your home certainly qualifies as a substantial change.... View More
The judge has ordered 4 sessions (monthly), prior to the actual trial date. What are they looking to accomplish during mediation?
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answered on Nov 17, 2023
In your child custody case, the judge ordering mediation sessions before the trial is a common step. The primary goal of these sessions is to encourage both parties to come to a mutual agreement regarding the custody arrangement, outside of the courtroom.
Mediation focuses on fostering... View More
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